25 September 2022
This year, Organ Donation Week runs between the 19th - 25th of September. The campaign is to raise awareness about organ donation and transplantation. While most of the UK now runs on a system of opting out, it is still something you should discuss with your family.
You are automatically an organ donor in England and Wales unless you have specifically opted out or you are part of an excluded group.
The law is different in Scotland and Northern Ireland where you must register to become an organ donor. Registration is quick and easy, and it can be done online. You can also choose which organs you wish to donate; you may be comfortable with some but not others.
Your family will always be consulted if you pass away and you are eligible for organ donation. This is why it is so important to talk to your family about your wishes. This could be part of a wider conversation about life sustaining treatment and also about your funeral directions.
You can provide instructions to your family and doctors about what kind of treatments you wish to receive in certain circumstances in an “advance decision” which is also sometimes called a “living will”. If you appoint a health & care attorney, you can specify your instructions in a Lasting Power of Attorney (LPA) too. You can say that you wish to receive life sustaining treatment in all circumstances, or you can specify that you would not wish to received invasive treatments if it prevented you from dying at home or in a hospice. You can tailor the LPA to your specific requirements.
Your will can include funeral directions and you can specify if you would like your body to be donated to medical centres for research. In this case, you should contact a medical centre during your lifetime to sign important paperwork with your instructions. You should also make your family aware of your intention, as arrangements have to be made very quickly.
An NHS campaign called ‘Leave Them Certain’ found that while 80% of people are willing to donate their organs, only 39% say they have shared their decision with their loved ones.
It also found that nine out of ten families support organ donation when they know their loved one's wishes, but this falls to only five out of ten when they do not. This is why it is crucial to have these conversations with your family now so that they can be sure they are making the right decision. Otherwise additional pressure will occur at what will already be a devastating and stressful time.
If you would rather not be an organ donor, you should communicate with your loved ones too. You can also register your decision on the NHS Organ Donor Register.
Can your family overturn your decision?
Yes, your family will always be consulted in circumstances where donation is possible, and organ donation will never go ahead if your family object. This is why it is crucial to let your family know if you are a registered donor or are happy for your organs to be donated. This increases the chances of them consenting to organ donation and following your wishes.
If you are looking to make a Will, Advance Direction or Lasting Power of Attorney please contact our friendly private client solicitors based at our Bournemouth and Christchurch offices.
Please note, this is not legal advice. It is intended to provide information of general interest about current legal issues.
